ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003787

Complaint for Resolution:  

Date of Adjudication Hearing: 30/08/2016

Workplace Relations Commission Adjudication Officer: Eugene Hanly 

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 under section 6 of the Payment of Wages Act, 1991 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Attendance at Hearing: 

Background

The Complainant was employed as a Cleaner from 10^th May 2016 to 21^st May 2016. She was to be paid €9.25 per hour. She has claimed that the Respondent did not pay her any wages during this employment.

Complainant’s Submission and Presentation:

1) Wages

The Complainant stated that she received no payment for the hours worked. She was required to carry out cleaning jobs in different locations and was not provided with transport or travel costs. She was told by the Respondent that this travel time between jobs would not be paid. She worked a total of 74 hours and 50 minutes including travel time between jobs. She supplied very detailed information of days worked, locations and hours worked over the two weeks of the employment. (details on file).

Despite many requests for payment she received nothing.

She is claiming for a total of 74 hours and 50 minutes at €9.25 per hour amounting to €692.18.

2) Holiday pay

She received no holiday pay either upon termination.

Respondent’s Submission and Presentation:

Correspondence on file shows that the Respondent was notified of the hearing. The Respondent did not attend and was not represented.

Findings

Based on uncontested evidence before this hearing I find as follows;

1) Wages

I note the detailed information concerning the hours worked and travel time incurred.

I find that the travel time incurred from one job to the next should be deemed working time and so should be paid at €9.25 per hour. 

Therefore I find that she is owed 74 hours 50 minutes at €9.25 per hour = €692.18.

2) Holiday pay

I note that she was not paid any holiday pay either.

I find that she was entitled to 8 % of all hours worked as per the provisions of the Organisation of Working Time Act, amounting to 5.98 hours X €9.25 per hour = €55.32.

I find that she is owed a total of €747.50

Decision:

Section 41(4) of the Workplace Relations Act 2015 and under section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

I order the Respondent to pay the Complainant €747.50 gross within six weeks of the date below.

Dated:   16^th November 2016